Burgad & Burgad

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• By Rose

  April 11, 2020

  replace my existing aluminum patio to a wood patio with electrical outlets and 2 electric fans. 16

  On 7/12/2019 I entered a signed Contract Agreement for a total of $28726.00 with $1000 down payment with Kieth Burgad, owner of Solar Power Co. also known as Burgad and Burgad Construction from Stockton, CA. to replace my existing aluminum patio to a wood patio with electrical outlets and 2 electric fans. 16 solar panels are suppose to be installed on top of the wood patio. The contract agreement also included the upgrade of the old electrical panel that always trip whenever we turn on certain appliances. I looked at the signed Contract Agreement again and realized there was no indication of project start date. After 2 or 3 weeks of waiting I was thinking they were applying for permits, I asked Kieth Burgad and asked to draw an agreement for the project start date. David Viri, the assistant/sales man came up with something in writing that we both signed and Kieth Burgad was cc’d on it which later on Kieth Burgad said I coerced David Viri in making such an agreement and he didn’t have any knowledge of it. The ‪start date on the said agreement was July 29, 2019 and is to be completed on August 7, 2019. ‬

  On start date, August 29th, Monday, I called Kieth Burgad and he said he’s on his way but stuck in traffic but will be in shortly. He called back a little later and said he had to get a permit on his way. Permits were suppose to have already been in place before start date but he said he can get it on the counter immediately. My suspicions arise at this point. Through my experience with contractors it’ll take a while to get a permit on the patio and the solar. The electrical panel also needed permit and coordination with PG&E, I know he’s not able to start the job with out permits, so I started asking questions. Even though I have doubts he can start the job that day, I texted him that I start work around 10am and I wouldn’t be able to wait for him to be able to pay for the 1st installment as instructed so I told him I’ll meet him during my lunch hour so I can pay him then. He said no need because he’s still waiting in line for the permit but he would be able to start dismantling the existing patio and start upgrading my electrical panel but as I expected the job did not start that day. He got so agitated when I asked him questions. He wants to get paid but there was no permit yet and haven’t started the job. He apologize August 29th didn’t work out to physically be onsite for work. This, I know is a breach of contract here. He said he was ready to drive from Modesto ‪at 4am August 30, 2019, Tuesday‬ to be at the City of San Jose building department to wait in line. I had to asked more questions, he said I’m bullying and making him uneasy to go through with our signed Contract Agreement and demanded the first installment and if I don’t pay he’ll cancel everything because I’m of breach of contract for not paying him. ‪On July 31‬, 2019 he texted me, he wants to revise the Contract Agreement that the current contract is no longer valid and the finance opportunity he originally offered me is no longer available and that I need to contact Sungage again ( Sungage is a finance company who he called when he was drawing the Contract Agreement but the company turned me down and that is why he agreed to financed it himself). He sent me a written notice for not doing my obligation (not paying the first installment when no work is done yet:

  “Please consider this written notice as to your failure to perform and that all contractor activity will stop until this dispute is settled, so you can go to Sungage for financing”.

  We already have a contract agreement in place. Our signed agreement shows where there’s an installment of $500 every month and a ballon payment of $5138 due in April tax season.

  I e mailed him back that I wasn’t the one who is of breach of contract. He is of breach of contract because he couldn’t start the project or couldn’t deliver in a timely manner. I asked for my down payment to be refunded but he refused. I just lost $1000.

  Kieth Burgad is a very dishonest, unprofessional, downright rude contractor. In the beginning he talk smoothly, seemed very easy to talk with, very professional, very knowledgeable, very familiar with the city permits and process. He is licensed contractor, evidently, he wasn’t aware of city permits, rules and regulations. I don’t recommend anyone to do business with this contractor.

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